Ex parte JAIN - Page 4




          Appeal No. 97-2477                                                           
          Application 08/212,908                                                       



                                       Opinion                                         
               We reverse the rejection of claims 1-24 under 35 U.S.C.                 
          § 112, first paragraph for lack of adequate written                          
          description support in the specification as filed.                           
               We reverse the rejection of claims 1-24 under 35 U.S.C.                 
          § 103 as being unpatentable over Dunn and Watkins.                           
               A reversal of the prior art rejection on appeal should                  
          not be construed as an affirmative indication that the                       
          appellant’s claims are patentable over prior art.  We address                
          only the positions and rationale as set forth by the examiner                
          and on which the examiner’s rejection of the claims on appeal                
          is based.                                                                    
          The rejection of claims 1-24                                                 
          under 35 U.S.C. § 112, first paragraph                                       
               In the final Office action (Paper No. 9) on page 2, the                 
          examiner identified the claim features at issue to be the                    
          following:                                                                   
               Claim 1:  identifying a fixed and limited number of                     
          descriptors;                                                                 




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